Bill Text: MI HB5055 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Consumer credit; credit reports and reporting agencies; requests for security freeze in connection with a security breach of a database maintained by a consumer reporting agency; prohibit assessment of fees. Amends sec. 31 of 2013 PA 229 (MCL 445.2541).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-10-04 - Bill Electronically Reproduced 10/03/2017 [HB5055 Detail]

Download: Michigan-2017-HB5055-Introduced.html

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HOUSE BILL No. 5055

 

 

October 3, 2017, Introduced by Rep. Lucido and referred to the Committee on Financial Services.

 

     A bill to amend 2013 PA 229, entitled

 

"Security freeze act,"

 

by amending section 31 (MCL 445.2541).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 31. (1) A consumer reporting agency may charge the

 

following fees:

 

     (a) Subject to subsection (2), a fee that does not exceed

 

$10.00 for the placement, temporary lifting, or removal of a

 

security freeze for a consumer under article 2.

 

     (b) Subject to subsection (3), a fee that does not exceed

 

$10.00 for the placement or removal of a security freeze for a

 

protected consumer under article 3, charged to a protected consumer

 

or his or her representative.

 

     (2) A consumer reporting agency may not charge a fee

 

authorized under subsection (1)(a) to a consumer for the placement,

 

temporary lifting, or removal of a security freeze for a consumer

 

under article 2 if the any of the following are met:

 

     (a) The consumer has filed a police report of alleged identity

 

theft against the consumer under section 4a, 33b, or 64a of the

 

William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL

 

780.754a, 780.783b, and 780.814a, and provides a copy of the report

 

to the consumer reporting agency.

 

     (b) The consumer has requested placement or removal of a

 

security freeze in connection with a security breach of a database

 

maintained by a consumer reporting agency.

 

     (3) A consumer reporting agency may not charge a fee

 

authorized under subsection (1)(b) if either any of the following

 

are met:

 

     (a) The protected consumer or his or her representative has

 

filed a police report of alleged identity theft against the

 

protected consumer under section 4a, 33b, or 64a of the William Van

 

Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.754a,

 

780.783b, and 780.814a, and provides a copy of the report to the

 

consumer reporting agency.

 

     (b) The request for the placement or removal of a security

 

freeze is for a protected consumer who is under the age of 16 years

 

at the time of the request and the consumer reporting agency has a

 

credit report pertaining to the protected consumer.

 

     (c) The protected consumer or his or her representative has

 

requested placement or removal of a security freeze in connection

 

with a security breach of a database maintained by a consumer

reporting agency.

 

     (4) As used in this section, "security breach" means that term

 

as defined in section 3 of the identity theft protection act, 2004

 

PA 452, MCL 445.63.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.